Latest news with #HelenaHayes
Yahoo
05-03-2025
- Politics
- Yahoo
Iowa House amends drag show bill to target 'obscene performances,' drop felony penalty
Iowa House lawmakers drastically altered a proposal Tuesday that would have made it a felony to take someone younger than 18 to a drag show and instead are using an "obscene performance" definition with lesser criminal penalties that gained bipartisan support. The House Education Committee unanimously advanced the bill with an amendment that Rep. Helena Hayes, R-New Sharon, said defines "obscene performance," which was not mentioned in the original legislation. It no longer specifically targets drag shows and changes the penalty for exposing minors to obscene performances to a misdemeanor. Lawmakers vowed to amend the bill when it advanced out of subcommittee last month to address concerns from critics who said the definition of "drag show" in the proposal, House Study Bill 158, was too broad. They argued it would effectively bar transgender people from speaking in front of minors and ban certain theatrical performances. With the amendment, the bill takes the definition of "obscene performance" from House File 51, introduced by Rep. Samantha Fett, R-Carlisle. The bill defines it as a "visual performance by a person, whether compensated or uncompensated, that exposes the person's genitals, pubic area, buttocks, or female breast, including prosthetics and artificial sexual organs or substitutes therefor, or involves the person engaging in a sex act, masturbation, excretory function, or sadomasochistic abuse, which the average person, viewing the performance as a whole and applying contemporary community standards with respect to what is suitable to be viewed by minors, would find appeals to the prurient interest and is patently offensive, and the performance taken as a whole lacks serious artistic, literary, political, or scientific value." Hayes said this definition mirrors the "Miller Test," a three-part legal test to determine what constitutes obscenity that was established by the U.S. Supreme Court in the 1973 case Miller v. California. Hayes said this will "fix a loophole in our obscenity law and it will prohibit exposing minors to obscene performances, which the obscenity code already does so for exposing minors to obscene material." The bill first targeted drag shows, defining a drag show as a performance primarily where the performer "exhibits a gender identity that is different than the performer's gender assigned at birth" by their clothing, makeup, accessories or other features. The prohibition applied whether the performer sings, lip-syncs, dances, reads or "performs for entertainment," whether or not they receive payment. Under the original bill, a person over age 18 who knowingly brought a minor to a drag show would be guilty of a class 'D' felony punishable by up to five years in prison and a fine between $1,025 and $10,245 under the legislation. Now, lawmakers say the bill makes it an aggravated misdemeanor to expose a minor to an obscene performance. If a person knowingly sells or provides a pass or admits a minor ages 14 and over to such a performance, the bill makes it a serious misdemeanor. It would be an aggravated misdemeanor for a child ages 13 and under. Dozens of protesters last month chanted outside the subcommittee hearing to drown out remarks from supporters of the bill and cheering after those opposed to the bill spoke. They chanted "drag is not a crime" and "trans rights are human rights." More: Taking someone under 18 to a drag show would be a felony under Iowa House bill Hayes chalked up the original language to a difference between a legislator's request and what the nonpartisan Legislative Services Agency drafted, but said she ultimately could not speculate on intentions because she did not request the bill. Rep. Elinor Levin, D-Iowa City, opposed the legislation in its original form but said Tuesday a lot of work went into considering how to achieve the goals of the bill without impacting lives. Levin said the "obscene performance" language made sense and the amended bill makes a good effort toward protecting kids. She said she remained concerned about the potential for public institutions to be exposed to nuisance lawsuits. The bill allows a parent or legal guardian of a minor who views an obscene performance to bring civil action against someone who has exposed a minor to such a performance. 'I think that it is reasonable and rational to ensure that performances that are designed for adults are only being performed and presented to adults," Levin said. Marissa Payne covers the Iowa Statehouse and politics for the Register. Reach her by email at mjpayne@ Follow her on X, formerly known as Twitter, at @marissajpayne. This article originally appeared on Des Moines Register: Iowa House drag show bill now targets 'obscene performances'
Yahoo
24-02-2025
- Politics
- Yahoo
Bill would strip state funds from public libraries based on association membership
A bill to strip state funding from libraries based on their membership in certain state and national associations advanced in the Iowa House on Feb. 24. 2025. (Photo by) Lawmakers in the Iowa House gave initial approval Monday to a bill that would strip state aid from public libraries that are 'dues-paying members' of a state or national nonprofit organization that lobbies government such as the Iowa Library Association or American Library Association. House File 284 would change library eligibility for Enrich Iowa funds provided through the State Library of Iowa to exclude members of a nonprofit organization that 'promotes federal and state legislation related to libraries and engages in advocacy efforts at the federal, state or local level.' Supporters of the bill at a subcommittee meeting on Monday focused on concerns about the content of certain books in public libraries and the perceived political agenda of the American Library Association and Iowa Library Association. Rep. Barb Kniff McCulla, R- Pella, said 'we all love' services offered by public libraries, but 'we also have a concern about the types of books that are in the library, and I think that's really what the concern is here today.' Rep. Helena Hayes, R-New Sharon, sponsor of the bill, said the ALA opposes restrictions on library materials based on age. 'Ladies and gentlemen, this is what is upsetting so many library users and parents, is that our libraries will not at least take some action, something, take some books and at least pull them away from the children's sections,' she said. Republicans in the Iowa Legislature have targeted public libraries in various ways the past few years. This year, House File 274 would eliminate the exemption in the state obscenity law for libraries. The lawmakers did not cite any specific books but Jeff Pitts, speaking for the Iowa Faith and Freedom Coalition, said he objected to the prominent placement in a Des Moines Public Library branch of 'He's My Mom,' a children's book by Sarah Savage for children who have a transgender parent. 'So OK, so what percentage of the population is that relevant to,' Pitts said. Opponents argued that the state and national associations provide significant support to public libraries, such as continuing education for librarians, assistance in creating programs for people with dementia and aid in adopting the state-preferred literacy model for children. 'I am opposed to this bill because the majority of our rural libraries, which is the majority of libraries in Iowa … rely on money from Enrich Iowa in order to stay open. It is a large, significant part of their budgets,' Nancy Medema of the Ankeny Public Library Board of Trustees said. Leslie Noble, speaking for the Iowa Library Association, said the Dunkerton Public Library received a $20,000 grant from the ALA last year to install a private meeting room for people with disabilities to use for 'confidential issues, meetings and appointments.' In 2023, she said, the Nevada Public Library received a $20,000 grant to install a chair lift to make a basement storm shelter accessible to people with disabilities. After a derecho storm ripped through Marion, that library received a $10,000 grant for laptops, tablets, a printer and wi-fi hotspots to help serve the community in the wake of the disaster, she said. 'It wasn't taxpayer money. It was all contributed by the American Library Association, and it benefited every community member in these communities,' she said. Enrich Iowa, operated through the state Department of Administrative services, spends about $2.4 million a year on assistance to libraries, including $1.1 million in direct grants. Direct grant money has to be used to improve library services, according to the Enrich Iowa website. Hayes said Enrich Iowa said Enrich Iowa awards funds to about 450 libraries a year. 'That's not a lot of money. That's not the main part of their funding,' she said. She also said the State Library of Iowa provides services such as training for librarians. The bill moved out of subcommittee with the support of Hayes and Kniff McCulla. Rep. Heather Matson, D-Ankeny, did not support the bill, which moves next to the House Education Committee.
Yahoo
17-02-2025
- Politics
- Yahoo
Bill proposes removing obscenity law exemptions for libraries, schools
(Photo by) Iowa Republican lawmakers gave initial approval Monday to a bill that would remove legal exemptions in obscenity laws for public libraries and schools. House File 274 would repeal the Iowa Code section that exempts educational institutions and libraries from obscenity laws. Rep. Helena Hayes, R-New Sharon, said it was likely the shortest bill to be debated this year — but the length did not stop the bill from having an 'enormous' impact. The bill was a contentious topic for many of the attendees at the subcommittee meeting. One attendee slammed a stack of books onto the table during another speaker's comments, and Hayes called for 'decorum' to be maintained during the process several times. The code section in question defines obscene materials as material describing or depicting genitals, sexual activity, sex acts, masturbation, excretory functions or sadomasochistic abuse which 'taken as a whole, lacks serious literary, scientific, political or artistic value' and sets punishment for the distribution or exhibition of obscene materials to minors, and the permitting of minors on premises where these materials are exhibited. The law currently includes an exemption for public libraries and educational institutions, stating 'nothing in this chapter prohibits the use of appropriate material for educational purposes in any accredited school, or any public library, or in any educational program in which the minor is participating,' and that obscenity laws do not prevent minors from attending an exhibition or using any materials at public libraries. Several supporters of the bill said the measure was necessary because of material in libraries available for minors that contain sexually explicit content, or that focus on LGBTQ identities and experiences. Evelyn Nikkel with the PELLA PAC, a Pella-based group lobbying in support of measures targeting 'propaganda promoted by Marxist and atheist bureaucracies' according to their website, said librarians and library boards have exhibited a 'total disregard' of Iowa's obscenity laws to 'make sure that they keep this filth continually in front of our children.' The Pella Public Library was the subject of discussion in 2022 when some parents led an effort to remove the book 'Gender Queer' by Maia Kobabe from the public library's shelves. The library reviewed the book and decided to keep it available on shelves in the adult section. Nikkel criticized the Iowa Library Association for adhering to standards set by the American Library Association, which she said was a 'Marxist godless group, hell bent on flooding our minors with sexually explicit graphic novels, violent R-rated streaming videos, adult audio books and LGBTQ+ deviant sexual behaviors.' 'Businesses can't merchandise this smut, but our taxpayer-funded public libraries intersperse it on their shelves to ambush children as young as five years old, especially targeting young people,' she said. Keenan Crow with One Iowa, an LGBTQ advocacy group, said that proposal was concerning, especially when considering other bills being discussed this session. One example is Senate File 116, a bill that would make it a crime to expose a minor to an 'obscene performance' and allow parents and guardians to bring lawsuits against people who 'knowingly disseminated or exhibited obscene material' to a minor. This combination of bills could lead to a barrage of 'strategic lawsuits against public participation,' known as SLAPP, against libraries, Crow said, that would not be expected to succeed in court but intended to intimidate libraries into removing challenged material to avoid a long, expensive court battle. 'There are no other states that currently have this combination of laws, and I will also note that 44 other states currently have the exemption that this bill is seeking to remove,' Crow said. 'The reason is that these frivolous lawsuits will happen at taxpayer expense for no other reason than to intimidate librarians and educators. Strong laws about obscenity are necessary and important in our society, and they do a great job of both protecting access to reading and removing truly objectionable, meritless material — most of these laws have been in place and are working well since the Kennedy and Reagan years.' Crow said libraries are not currently displaying or making available 'obscene material,' as defined by the legal Miller test, that requires material be found to lack 'serious literary, artistic, political, or scientific value' to be deemed obscene. Rep. Heather Matson, D-Ankeny, linked the bill to initial book banning efforts in Germany during the rise of Nazism, citing an article by Dr. James McSpadden discussing Nazi's policies not of destroying all copies of banned books, but removing them from open shelves, available to the public, to restricted libraries. While some advocates supporting the bill said removing these materials from libraries would not be banning these books, as they would still be available for purchase, Matson argued that parents can exercise control over whether they bring their children to the public library if they are concerned about their access to certain books. 'If you want to hover over your children in a public library, please be my guest,' Matson said. 'But libraries are voluntary inquiry. I cannot tell you how many times I said that in the last two years, and apparently I don't have to be done with it — Libraries are voluntary inquiry.' Hayes said the discussion on the measure would continue, signing off on it with Rep. Samantha Fett, R-Carlisle, moving it to consideration by the House Education Committee. She said she disagreed with calling the bill a 'book ban,' linking it to criticisms of the 2023 Iowa law requiring the most books with descriptions or depictions of a sex act be removed from public school libraries. 'I certainly don't think it's a book ban,' Hayes said. 'I know that's an easy out, and anybody who wants to do anything about age-appropriateness or talking about books or having any — setting any boundaries whatsoever, is automatically seen to be a book ban.'
